A/HRC/26/46
not have a specific consciousness of ageism and called for a new framework to address
discrimination against older persons.
37.
Raymond Jessurun, representing ADI, the Central Latinoamericana y del Caribe de
Trabajadores Jubilados, Pensionados y Adultos Mayores (CLATJUPAM) and CORV,
described efforts to realize older persons’ rights and promote their autonomy as part of an
ongoing process that included efforts to draft an Inter-American Convention on the right to
live independently and with autonomy. In the Caribbean, the population of older persons
was growing and many lacked the necessities for subsistence. That problem was
compounded by discrimination, which could be particularly problematic in the Caribbean,
due to differing treatment for older persons of different nationalities or citizenship status.
The lack of social insurance schemes and pensions, particularly for persons who worked in
the informal sector, caused further difficulties, as did the disparate quality of health care
depending on nationality and residence, particularly for older persons suffering from
dementia. Mr. Jessurun advocated implementation of the United Nations principles for
older persons, measures to ensure social inclusion, the adoption of a legally binding
instrument on the rights of older persons and equality.
38.
Susan Somers, Secretary General and Team Leader of INPEA activities at the
United Nations, criticized many current social welfare systems and adult protective services
as being based on outdated English poor laws that failed to adequately address
contemporary issues. She discussed the difficulty of balancing autonomy and independence
with legitimate safety and health concerns for some older persons who were at high risk of
domestic violence, neglect, and/or self-inflicted harm. The fact that many violent deaths
(over 3,000 a month) were suicides raised the question of when and how society should
intervene to protect older persons. Ms. Somers supported further consideration of that issue
in connection with principles of autonomy, independence and self-determination, including
the potential implications of the Convention on the Rights of Persons with Disabilities.
39.
In the interactive dialogue, representatives of CORV, AIDE-Fédération, Care Rights
and International-Lawyers.Org discussed the issue of continuing autonomy in old age. It
was suggested that the concept of equal judicial capacity found in the Convention could be
extended to older persons. The support system to facilitate decision-making regarding the
capacity of older persons in Argentina, which included an appeals mechanism, was
highlighted as one example of that approach. Speakers argued that personal assistants could
contribute to continuing autonomy, called for intergenerational solidarity, emphasized
contributions that older persons could make to society and discussed the importance of
autonomy near the end of life, particularly for older women, often faced with multiple
discrimination, especially in parts of Asia. The question was posed as to whether autonomy
could be considered as a component of the right to life.
40.
In her concluding remarks, Ms. Somers observed that there was much work to be
done to empower older women in end-of-life decision-making in certain countries. Mr.
Jessurun stated that the proposal to address autonomy in the drafting process of an InterAmerican instrument on the rights of older persons had been inspired by the Convention on
the Rights of Persons with Disabilities. He emphasized however that poor people required a
social protection floor to be free to make their own decisions and called for
intergenerational solidarity. He also expressed concern that the Convention might grant too
much power to trustees in the event of memory disabilities. Ms. Georgantzi stated that
cultural assumptions often led to discrimination against older persons, which could affect
how issues such as ageing, dementia and socio-economic status influenced their continuing
independence.
11
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